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Articles Posted in New York City

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Child Protective Services Claims Mother Incapable of Guardianship

In this child protective proceeding, a County Social Services/Child Protective Services, seeks adjudication that the subject child is a neglected child within the meaning of FCA (Family Court Advisory). A New York Family Lawyer said that by petition, CPS (Child Protective Services) alleges that the mother has placed the child…

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Father Incarcerated for Failure to Pay Child Support

In a support proceeding pursuant to Family Court Act article 4, the appeal is from an order of the Family Court, Suffolk County, which directed that the appellant be imprisoned for 48 days. By decision and order, the court dismissed the appeal as academic. A New York Family Lawyer said…

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Court Decides if Temporary Order for Protection in Merited

Defendant and complainant are husband and wife. Immediately prior to his arrest, defendant and his wife were staying in separate cooperative apartments, each jointly owned by them, in the same apartment building in Manhattan. The larger of the two apartments was the couple’s marital home, while the smaller served as…

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Court Discusses a Conversion Divorce Proceeding

In a divorce action, the plaintiff wife appeals from a judgment of the Supreme Court, Suffolk County, which granted the defendant husband’s counterclaim for a conversion divorce and awarded custody of the parties’ infant children, visitation, child support and occupancy of the marital residence pursuant to the terms of a…

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Court Decides Modification of Child Support Issue

In a child support modification proceedings under the Family Court Act, a wife seeks an order of the Court modifying upwards the child support provisions of a December 1973 divorce decree entered between the parties, which provisions were adopted and made part of an enforcement order entered in Court on…

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Petitioner Accused of Misrepresenting Income

A proceeding was commenced pursuant to Criminal Procedure Laws and Rule (CPLR) to review a determination of the respondent Government Agency dated May 15, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency that the petitioner mother had willfully withheld information as to…

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Father Appeals Child Support and Custody Order

In an action, inter alia, for awards of child custody and child support, the plaintiff father appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, dated October 25, 2007, as, in effect, granted that branch of the defendant mother’s cross motion…

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Petitioner Claims Respondent is in Contempt of Visitation Order

Petitioner A and Respondent B, residents of the State of Indiana, separated in July 2000. A seeks custody of C, their sixteen year old child. B moved to Illinois after the separation while A and C and their other children continued to reside in Indiana. A New York Family Lawyer…

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Court Decides of Release of Firearms Appropriate

This matter has had a convoluted history and presents a legislative “glitch.” A New York Family Lawyer said that during a contested divorce proceeding, the Family Court issued, inter alia, a temporary order of protection dated April 26, 2001. At the time the order was issued, both parties appeared before…

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